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Texas DPS Identity Document Requirement May Affect Certain Visa Holders

Texas DPS Identity Document Requirement May Affect Certain Visa Holders 

Status: Proposed rule; DPS may already be applying the requirement. 

The Texas Department of Public Safety (DPS) is requiring visa holders applying for a Texas driver license or identification card to present an unexpired U.S. visa with their foreign passport and valid Form I-94 as evidence of identity. 

DPS has also proposed amending its identity-document rules to require the visa contained in a foreign passport to remain valid. While the proposed amendment has not yet been adopted, applicants are reporting that they have encountered this requirement when applying for a driver's license at DPS offices. 

Who May Be Affected? 

This requirement may particularly affect individuals who: 

  • Are applying for their first Texas driver license or identification card;  
  • Move to Texas after their U.S. visa stamp has expired; or  
  • Have received an extension or change of status from USCIS without obtaining a new visa stamp.  

An expired visa does not necessarily mean that an individual’s immigration status has expired. A visa is generally used to request admission to the United States, while the Form I-94 or a subsequent USCIS approval notice generally documents the authorized period of stay. However, DPS evaluates immigration status and acceptable identity documents separately. 

What Should I Do? 

Individuals who are eligible to apply for a Texas driver's license or identification card and currently have an unexpired visa may wish to consider applying before the visa expires. 

Individuals who already have a Texas driver's license or identification card should renew it on time. A Texas credential that has not expired for more than two years may qualify as a primary identity document. 

This new rule does not currently apply to driver’s license renewals as establishing identity is only required for first-time REAL ID applicants, or if an individual’s valid renewal period has lapsed. 

DPS makes all final decisions regarding document acceptance and driver license eligibility. OIA cannot guarantee that DPS will accept a particular application or set of documents. 

Additional details are available in the official Texas Register notice. 

 

This information is provided for general informational purposes and does not constitute legal advice. OIA will continue monitoring the proposed rule and provide updates as additional information becomes available. 

 

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